G.R. No. 1876. September 30, 1905

This was an action by the plaintiff against the defendant, brought
in the Court of First Instance of the city of Manila, to, recover the
sum of $1,600, United States currency, for damages occasioned to the
Navy boat Barcelo on the 6th day of November, 1902, at about
11 o’clock, p.m., on the said day, near the mouth of the Pasig River,
by a collision with a casco that was then and there being towed by the
launch Alexandra. The launch Alexandra is the property of the defendant.

The inferior court found that the defendant had not complied with
the rules of navigation in Manila Bay, in that it failed to display
lights in accordance with such regulations, and that, by reason of such
failure, the collision and consequent damages occurred. This finding of
fact by the court below, there being no motion for a new trial, is
conclusive.

The defendant, in the court below, claimed that the plaintiff could
not recover in the action, for the reason that it had not complied with
the provisions of the Code of Commerce, relying particularly upon
article 835 of the same. Article 835 provides: “The action for the
recovery of loss and damages arising from collisions can not be
admitted if a sworn statement or declaration is not presented within
twenty-four hours to competent authority of the point where the
collision took place, or that of the firsts port of arrival of the
vessel.”

The plaintiff claimed that this provision of the Commercial Code did
not apply to it. We are all of the opinion that the quoted provision of
the Commercial Code applies to all persons engaged in traffic upon the
waters of the Philippine Archipelago; that the defendant has as much
right to insist upon compliance with this provision of the code where
the damages were done to a boat operated by the Government as if such
boat had been operated by a private individual or company. This
provision of the Commercial Code, requiring protest to be made and
presented to the proper authority within twenty-four hours after the
collision, or after the arrival of the injured boat in port, is a
prerequisite to the bringing of an action for damages. By having failed
to comply with this provision of the Commercial Code it can not
maintain this action for damages.

It is therefore adjudged and ordered that the decision of the
inferior court be affirmed, and that the defendant recover of the
plaintiff his costs in this action, and at the expiration of twenty
days judgment should be entered in accordance herewith, and the cause
remanded to the court below for execution of said judgment. So ordered.

Arellano, C.J., Torres, Mapa, and Carson, JJ., concur,
Willard, J., did not sit in this case.